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(영문) 서울고등법원 2015.10.13 2015누41991
확정처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Grounds for the court’s explanation concerning this case, which cited the judgment of the court of first instance, are the reasons for the judgment of the court of first instance

1. “The circumstances leading to the disposition”:

Part of subsection (excluding the part with regard to the qualifications of persons eligible for support)

4. In the judgment on the merits, “B. Determination on whether the Plaintiff constitutes a person eligible for support for residents under the former Han River Watershed Act” shall be cited by the reasoning of the judgment of the court of first instance, except for the following changes. As such, Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act shall be cited.

[Supplementary Use] The phrase "the reasons for the disposition" is as follows.

In the part of paragraph (1), B shall be a water-source management area, and the Namyang-gu Mayor, the management authority of which manages a water-source management area, shall have the authority to establish and implement a plan for supporting residents in a water-source management area based on Article 11 of the former Act on the Improvement of Water Quality and Support for Residents of the Han River Basin (Amended by Act No. 12369, Jan. 28, 2014; hereinafter “former Han River Watershed Act”).

Meanwhile, Articles 3(1), 4 subparag. 2, and 8(2) of the former Hanyang-si Ordinance on the Procedure, etc. for the Implementation of Resident Support Projects in the Namyang-si, which was enacted on November 11, 2004, provide for matters necessary for the procedures, methods, etc. for the collection of residents’ opinions to formulate resident support plans in accordance with Article 11, etc. of the Hanyang-si Hanyang-si Act, the head of Eup/Myeon shall establish and operate the Resident Support Project Promotion Committee (hereinafter “Committee”) to efficiently promote resident support projects (Article 3(1)), one of the functions of the Committee shall be deliberated on whether a person is eligible for resident support projects (Article 4 subparag. 2), and the head of Eup/Myeon/Dong may allocate the subsidy for each household among the support projects directly through a resolution of the Committee (Article 8(2)).

In addition, the provisions of the Eup/Myeon/Dong shall be followed.

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